Lance McDermott v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LANCE MCDERMOTT,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
UNITED STATES POSTAL SERVICE,
Intervenor
______________________
2025-1574
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0353-21-0159-I-1.
______________________
ON MOTION
______________________
PER CURIAM.
O R D E R
In October 2024, this court transferred Lance McDer-
mott’s mixed case to federal district court because this
court lacks jurisdiction over such cases. See Appeal No.
2024-1981, ECF No. 13. The district court has since dis-
missed, and Mr. McDermott has an appeal pending before
Case: 25-1574 Document: 24 Page: 1 Filed: 09/12/2025

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MCDERMOTT v. MSPB 2
the United States Court of Appeals for the Ninth Cir-
cuit. Mr. McDermott has now filed a second, duplicative
appeal with this court. Because we lack jurisdiction and
see no reason to transfer, we grant the Merit Systems Pro-
tection Board’s motion to dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. This matter is dismissed.
(2) Each party shall bear its own costs.
September 12, 2025
Date
FOR THE COURT
Case: 25-1574 Document: 24 Page: 2 Filed: 09/12/2025

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